[Adopted 11-7-1973]
[Amended 11-7-1975; 11-9-1977; 11-14-1979; 3-14-1985; 6-23-1988 by L.L. No. 1-1988]
Pursuant to § 467 of the Real Property
Tax Law of the State of New York, real property owned by one or more
persons, each of whom is 65 years of age or over, or real property
owned by husband and wife, one of whom is 65 years of age or over,
shall be exempt from taxation by this Town up to the extent of 50%
of the assessed valuation thereof, subject to the following conditions:
A.
Exemption from taxation for school purposes shall
not be granted in the case of real property where a child resides
if such child attends a public school of elementary or secondary education.
B.
No exemption shall be granted:
(1)
Except on a percentage of income on the basis of the
sliding income scale as it reflects the income of the owner or the
combined income of the owners of the property for the income-tax year
immediately preceding the date of making application for exemption.
"Income-tax year" shall mean the twelve-month period for which the
owner or owners filed a federal personal income-tax return or, if
no such return is filed, the calendar year. Where title is vested
in either the husband or the wife, their combined income may not exceed
such sum. Such income shall include social security and retirement
benefits, interest, dividends, total gain from the sale or exchange
of a capital asset, which may be offset by a loss from the sale or
exchange of a capital asset in the same income-tax year, net rental
income, salary or earnings and net income from self-employment, but
shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self-employment, no depreciation
deduction shall be allowed for the exhaustion or wear and tear of
real or personal property held for the production of income.
[1]
Editor's Note: This resolution provided for
the Town "to adopt the New York State sliding scale for the partial
real property tax exemption for property owned by senior citizens
with limited incomes. The minimum percent reduction will be allowed
on a maximum income of $22,500."
(2)
Unless the title of the property shall have been vested
in the owner or one of the owners of the property for at least 24
consecutive months prior to the date of making application for exemption;
provided, however, that in the event of the death of either a husband
or wife in whose name title of the property shall have been vested
at the time of death and such title then becomes vested solely in
the survivor by virtue of devise by or descent from the deceased husband
or wife, the time of ownership of the property by the deceased husband
or wife shall be deemed also a time of ownership by the survivor,
and such ownership shall be deemed continuous for the purposes of
computing such period of 24 consecutive months; provided, further,
that in the event of a transfer by either a husband or wife to the
other spouse of all or part of the title to the property, the time
of ownership of the property by the transferor spouse shall be deemed
also a time of ownership by the transferee spouse, and such ownership
shall be deemed continuous for the purposes of computing such period
of 24 consecutive months; and provided, further, that where property
of the owner or owners has been acquired to replace property formerly
owned by such owner or owners and taken by eminent domain or other
involuntary proceeding, except a tax sale, the period of ownership
of the former property shall be combined with the period of ownership
of the property for which application is made for exemption, and such
periods of ownership shall be deemed to be consecutive for purposes
of this article. Where a residence is sold and replaced with another
within one year and is in the same assessing unit or municipality,
the period of ownership of the former property shall be combined with
the period of ownership of the replacement residence and deemed consecutive
for exemption from taxation by the Town of Warwick.
(3)
Unless the property is used exclusively for residential
purposes.
(4)
Unless the real property is the legal residence of
and is occupied in whole or in part by the owner or by all of the
owners of the property.
C.
The Town shall notify or cause to be notified each
person owning residential real property in the Town of the provisions
of this article. The provisions of this subsection may be met by a
notice or legend sent on or with each tax bill to such persons reading:
"You may be eligible for senior citizen tax exemptions. For information
please call or write...," followed by the name, telephone number and/or
address of the person or department selected by the Town to explain
the provisions of this article. Failure to notify or cause to be notified
any person who is in fact eligible to receive the exemption provided
by this article or the failure of such person to receive the same
shall not prevent the levy, collection and enforcement of the payment
of the taxes on property owned by such person.
D.
Application for such exemption must be made by the
owner or all of the owners of the property, on forms prescribed by
the State Board, to be furnished by the appropriate assessing authority,
and shall furnish the information and be executed in the manner required
or prescribed in such forms and shall be filed in such Assessor's
office on or before the appropriate taxable status date.
E.
At least 60 days prior to the appropriate taxable
status date, the assessing authority shall mail to each person who
was granted exemption pursuant to this article on the latest completed
assessment roll an application form and a notice that such application
must be filed on or before the taxable status date and be approved
in order for the exemption to be granted. Failure to mail any such
application form and notice or the failure of such person to receive
the same shall not prevent the levy, collection and enforcement of
the payment of the taxes on property owned by such person.
F.
Any conviction of having made any willfully false
statement in the application for such exemption shall be punishable
by a fine of not more than $100 and shall disqualify the applicant
or applicants from further exemption for a period of five years.
